Ernie Gomez still has his freedom — at least for another month or so.

Circuit Judge Michael Town yesterday continued to defer the convicted felon's mandatory five-year prison term while Gomez's application for a pardon goes through the review process.

Gomez, a decorated Army soldier, was sentenced nearly three years ago for terrorizing his then-wife with a semiautomatic handgun, but he has yet to start serving the prison term — a fact that has angered advocates for domestic violence victims.

After Gomez was sentenced, Town allowed him to remain free on bail while his appeal of the 2005 conviction was pending. After the appeal failed, Town took the extraordinary step of allowing Gomez to remain free while he sought a pardon from Gov. Linda Lingle.

The case is believed to be the first in Hawai'i in which a felon's prison sentence is put on hold while a pardon is sought.

Acknowledging that the case is moving through "fairly uncharted areas," Town yesterday expressed frustration that the pardon-review process has taken so long. But because some progress had been made lately, he decided to keep Gomez out of prison and hold another hearing Sept. 19 to get an update.

"I was hoping we would have it done by now," Town said.

Deputy Attorney General Lisa Itomura told the judge she could fast-track the pardon request when it gets to her desk, but she couldn't say how much time Attorney General Mark Bennett would need to review the application and make a recommendation to Lingle. The governor makes final decisions on pardons.

Senior deputy prosecutor Maurice Arrisgado told Town that Gomez shouldn't be allowed to remain free while his application is reviewed. The prosecutor also said after yesterday's hearing that the review shouldn't be fast-tracked ahead of other pardon applications submitted before Gomez's.

"He doesn't deserve any special exception," Arrisgado said.

But his case already is getting special treatment by the Army. Although a felony domestic violence conviction can get some soldiers discharged, high-ranking Army officers have made accommodations to keep Gomez on the job. They have written letters of support for Gomez, a sergeant first class who trains war-bound troops.

"The Department of the Army has gone out of its way," Town said.

'NO SYMPATHY'

Arrisgado said the special treatment isn't deserved given the seriousness of the soldier's crime, which included pointing the gun to his wife's head and hitting her multiple times while their 2-year-old daughter was nearby, crying and screaming.

"I have no sympathy for him," Arrisgado said.

Gomez, who now lives in New York, attended yesterday's hearing with his attorney, deputy public defender Taryn Tomasa, and his current wife, Ida Resendez-Gomez, who sat in the gallery.

FAMILY TO SUPPORT

Tomasa encouraged Town to keep her client out of prison so he can continue earning money to support his new family and to keep up with child-support payments. His previous wife has sole custody of their daughter, and Gomez pays $450 a month in child support.

"Taking him in right now is a lose-lose proposition for everybody involved," Tomasa said.

Under Hawai'i law, Gomez received the mandatory five-year term with no possibility of parole because he used a semiautomatic in the commission of a felony. A jury convicted him of terroristic threatening, a felony, and abusing a family member. Town has said he would have given Gomez a lighter sentence if he had the discretion to do so.

Gomez isn't required to attend next month's hearing, but Town reminded him to continue to be ready to start serving his sentence on short notice.

"What's impressed me so far is Mr. Gomez has been willing to take his medicine from the get-go," the judge said.

After yesterday's hearing, Gomez said he couldn't ask for anything more than the judicial process to play out and a decision be made on his pardon application.

"Hopefully," he said, "I'll get a break."